Terms and Conditions
2) Modification of Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use 20/20NOW to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Updated” notation above. If you use 20/20NOW after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of 20/20NOW.
3) Description of 20/20NOW
You understand and agree that 20/20NOW is an ocular telehealth company utilizing state-of-the-art technology and proprietary software and equipment to facilitate the provision of vision exams. 20/20NOW does not provide any clinical services directly to you. 20/20NOW solely facilitates the provision of vision exams by independent, properly licensed ophthalmologists and optometrists.
20/20NOW will not provide any services for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
4) Services Provided by Independent Health Care Professionals
20/20NOW solely facilitates the provision of vision exams by independently licensed ophthalmologists and optometrists. Your doctor-patient relationship will be between you and the independent ophthalmologist or optometrist assigned to provide services to you. You have no, and will have no, doctor-patient relationship with 20/20NOW.
All ophthalmologists and optometrists who deliver vision exam services through 20/20NOW (i) are independent professionals contracted or employed with professional organizations other than 20/20NOW and (ii) are solely responsible for such vision exam professional services provided to you. 20/20NOW solely provides a technology platform for connecting you with ophthalmologists and optometrists. 20/20NOW is not licensed to practice optometry or medicine. We do not control or interfere with the provision of vision exam services by the ophthalmologists and optometrists, which are solely responsible for the vision exam services provided to you. Therefore, you understand and agree that 20/20NOW is not responsible for vision exam services provided by ophthalmologists and optometrists, including any personal injury or property damage.
You give us consent to send and disclose to the ophthalmologists and optometrists and their affiliated professional organizations all personal information, including “protected health information” (as that term is defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”)), you provide in connection with the provision of vision exam services.
In order to qualify to use 20/20NOW, the following must be true:
- You are age 18 or over, or if under the age of 18, you are accompanied by a family member or legal guardian that is over the age of 18.
- You are having your vision exam in the United States and in a state or territory where 20/20NOW services are available
You understand and agree that satisfying the above requirements does not guarantee that you will receive services through 20/20NOW. In addition to the above requirements, 20/20NOW and its affiliated professional organizations reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.
6) Restrictions on Use
You will not use, or encourage or permit others to use, the website except as expressly permitted in these Terms. You will not:
- Disrupt, interfere with, violate the security of or attempt to gain unauthorized access to the website or any computer network;
- Circumvent, bypass or breach any security device, protection or technological measure implemented by 20/20NOW or any of our service providers to protect the website;
- Input, upload, transmit, distribute or otherwise run or propagate any virus, application, Trojan horse or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, the website or any other system, device or property;
- Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the website or any content, in whole or in part;
- Remove, delete, alter or obscure any trademarks, specifications, warranties or disclaimers, or any copyright, trademark, paten, or other intellectual property or proprietary rights notices from the website or any content made available to you on or through the website;
- Use any manual process or automated device to monitor or copy any content made available on or through the website for any unauthorized purpose except as permitted in Section 8;
- Access or use the website in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law; or
- Access or use the website for purposes of competitive analysis or development of a competing software, solution, or product or any other purpose that is to 20/20NOW’s detriment or commercial disadvantage.
8) Intellectual Property
As between 20/20NOW and you, 20/20NOW is the sole and exclusive owner of all right, title and interest in and to 20/20NOW and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of 20/20NOW shall be owned solely and exclusively by 20/20NOW or its licensors, including all intellectual property rights therein. You have permission to use 20/20NOW solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to 20/20NOW is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through 20/20NOW may constitute trademarks, trade names, services marks or logos (“Trademarks”) of 20/20NOW or its affiliates. You are not authorized to use any such Trademarks without the express written permission of 20/20NOW or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates. For information, please visit the Virtual Patent Marking https://for2020now.com/intellectualproperty.
9) Links to Third Party Hyperlinks and Websites
20/20NOW may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to 20/20NOW through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of 20/20NOW. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to 20/20NOW.
10) Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT 20/20NOW AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF 20/20NOW IS AT YOUR SOLE RISK. 20/20NOW AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO 20/20NOW AND THIS WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER 20/20NOW NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH 20/20NOW. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF 20/20NOW. FURTHERMORE, 20/20NOW DOES NOT GUARANTEE THAT 20/20NOW WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND 20/20NOW DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF 20/20NOW ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
11) Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER 20/20NOW NOR ITS RELATED PERSONS OR ENTITIES WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF 20/20NOW OR ANY SERVICES PROVIDED THROUGH 20/20NOW. THIS IS TRUE EVEN IF 20/20NOW OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF 20/20NOW AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold any Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to (i) any breach by you of these Terms, (ii) your use of material or features available on 20/20NOW in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
13) Suspension and Termination Rights
The Terms, as may be amended form time to time, will remain in full force and effect as long as you continue to access or use 20/20NOW. You may terminate the Terms at any time by discontinuing use of 20/20NOW. Your permission to use 20/20NOW automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to 20/20NOW with or without prior notice, at any time and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law/Limitation on Disputes; and Miscellaneous.
14) Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND 20/20NOW TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 20/20NOW.
Arbitration Agreement. You and 20/20NOW agree that all claims and disputes relating in any way to your use of 20/20NOW or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in the borough of Manhattan, New York.
Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND 20/20NOW WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and 20/20NOW are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions. YOU AND 20/20NOW AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. YOU AGREE THAT CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND 20/20NOW AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER 20/20NOW USERS.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and 20/20NOW will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.
16) Copyright Infringement Claims
20/20NOW reserves the right to remove any Content or any other material or information available on or through the website, at any time, for any reason. 20/20NOW otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section 16 describes the procedure that should be followed to file a notification of alleged copyright infringement with 20/20NOW.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted Content or material made available on or through the website, you may submit a notification to our Designated Agent at the following address:
Bryan Cave Leighton Paisner LLP
1290 Avenue of the Americas
New York, NY 10104
Any notification to 20/20NOW under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on the website;
- Information sufficient for 20/20NOW to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
17) Contact Information
If you have any questions or concerns, please contact:
Arlene Flohr, Esq.
150 East 58th Street, 34th Floor
New York, NY 10155